November 13, 2007November 13, 2007

BCC PUBLIC HEARINGON

BZA #VA-07-10-025, 10/4/07

APPLICANT/APPELLANT: Edgar Villanueva

BCC PUBLIC HEARINGON

BZA #VA-07-10-025, 10/4/07

APPLICANT/APPELLANT: Edgar Villanueva

BACKGROUNDBACKGROUND

CASE:CASE: #VA-07-10-025#VA-07-10-025

APPLICANT:APPLICANT: Edgar VillanuevaEdgar Villanueva

REQUEST:REQUEST: Variances for detached accessory buildings as follows:Variances for detached accessory buildings as follows:1) Cumulative square footage of 3, 642.5 sq. ft. in lieu of 1) Cumulative square footage of 3, 642.5 sq. ft. in lieu of 2, 000 sq. ft. (garage, horse stable, and feed/tack barn) 2, 000 sq. ft. (garage, horse stable, and feed/tack barn)2) Height: Stable 18 ft. & feed/tack barn 19 ft. in lieu of 15 ft. 2) Height: Stable 18 ft. & feed/tack barn 19 ft. in lieu of 15 ft.

Variance to allow horse training arena 2 ft. from side lot Variance to allow horse training arena 2 ft. from side lot line and 15 ft. from rear lot line in lieu of 30 ft.line and 15 ft. from rear lot line in lieu of 30 ft.

TRACT SIZE:TRACT SIZE: 4.5 acres4.5 acres

ZONING:ZONING: A-2A-2

LOCATION:LOCATION: North side Whispering Pines Rd., one mile east of Boggy North side Whispering Pines Rd., one mile east of Boggy Creek Rd.Creek Rd.

DISTRICT:DISTRICT: #4#4

STAFF ANALYSISSTAFF ANALYSISSTAFF ANALYSISSTAFF ANALYSIS

1.1. Case is a result of Code Enforcement action. Case is a result of Code Enforcement action. Horse stable and feed/tack barn built without Horse stable and feed/tack barn built without

permits. Stable is complete. permits. Stable is complete. Feed/tack barn in the initial stage of construction Feed/tack barn in the initial stage of construction

(foundation, support columns, partial walls).(foundation, support columns, partial walls).

2. Breakdown of building sizes and heights:2. Breakdown of building sizes and heights: Garage: 900 sq. ft.Garage: 900 sq. ft. Horse stable: 1, 335 sq. ft. Height: 18 ft.Horse stable: 1, 335 sq. ft. Height: 18 ft. Feed/tack barn: 1, 407.5 sq. ft. Height: 19 Feed/tack barn: 1, 407.5 sq. ft. Height: 19

ft.ft.

ZONING MAPZONING MAP

AERIALAERIAL

SITE PLANSITE PLAN

HORSE STABLEHORSE STABLE

HORSE STABLEHORSE STABLE

FEED/TACK BARNFEED/TACK BARN

FEED/TACK BARNFEED/TACK BARN

BZA FINDINGSBZA FINDINGSBZA FINDINGSBZA FINDINGS

1.1. Some BZA members reasoned all the applicant’s Some BZA members reasoned all the applicant’s Variances should be approved based on the large Variances should be approved based on the large size of the property and because it is located in a size of the property and because it is located in a country-like atmosphere.country-like atmosphere.

2.2. Opposing BZA members disagreed:Opposing BZA members disagreed: Request not meeting variance criteriaRequest not meeting variance criteria Code ViolationCode Violation Size of Feed/Tack Barn (feed/tack could be accommodated in Size of Feed/Tack Barn (feed/tack could be accommodated in

stable)stable) Feed/Tack Barn in early phase of constructionFeed/Tack Barn in early phase of construction

3.3. There was no opposition present at the public There was no opposition present at the public hearing.hearing.

BZA RECOMMENDATIONBZA RECOMMENDATIONBZA RECOMMENDATIONBZA RECOMMENDATION

Approved Variances as follows:Approved Variances as follows:

1. Approved Variance request to allow cumulative square1. Approved Variance request to allow cumulative squarefootage of 2,235 sq. ft. for garage (900 sq. ft.) and horse footage of 2,235 sq. ft. for garage (900 sq. ft.) and horse stable (1,335 sq. f t.)stable (1,335 sq. f t.)

2. Approved Variance request to allow 18 ft. of building2. Approved Variance request to allow 18 ft. of building height for horse stable.height for horse stable.3. Approved Variance request to allow training arena 2 ft. 3. Approved Variance request to allow training arena 2 ft.

from side (east) lot line & 15 ft. from rear lot line on north.from side (east) lot line & 15 ft. from rear lot line on north.

4.4. Denied Feed/Tack Barn with associated height Variance of Denied Feed/Tack Barn with associated height Variance of 19 feet19 feet

(4 in favor, 3 opposed) (4 in favor, 3 opposed)

APPLICANT’S APPEALAPPLICANT’S APPEAL

Mr. Villanueva’s purpose of appeal: Mr. Villanueva’s purpose of appeal:

Approval of Feed/Tack Barn (1,407.5 sqft, 19 Approval of Feed/Tack Barn (1,407.5 sqft, 19 feet high) instead of incorporating feed/tack feet high) instead of incorporating feed/tack in the horse stable.in the horse stable.

BCC ACTION REQUESTEDBCC ACTION REQUESTEDBCC ACTION REQUESTEDBCC ACTION REQUESTED

ACTION REQUESTED:ACTION REQUESTED:

Uphold the BZA recommendation Uphold the BZA recommendation as stated.as stated.

November 13, 2007November 13, 2007

BCC PUBLIC HEARINGON

BZA # VA-07-10-025, 10/4/07

APPLICANT/APPELLANT: Edgar Villanueva

BCC PUBLIC HEARINGON

BZA # VA-07-10-025, 10/4/07

APPLICANT/APPELLANT: Edgar Villanueva